Golden Ocean Group Ltd v Humpuss Intermoda Transportasi Tbk Ltd & Anor [2013] EWHC 1240 (Comm) (16 May 2013)

Golden Ocean Group Ltd v Humpuss Intermoda Transportasi Tbk Ltd & Anor [2013] EWHC 1240 (Comm) (16 May 2013)

Golden Ocean failed to establish a real prospect of success that Genuine is privy to and bound by the London arbitration award. There is a serious issue to be tried regarding the effectiveness of the Addendum and whether Golden Ocean is party to a Singapore arbitration agreement, but the court finds that Genuine was not party to the London arbitration and it would not be fair to bind it by the award. Permission to serve out is granted only if the court will conduct a hearing on the merits for claims against Genuine. Interim anti-arbitration injunction is not granted at this stage.

Citation
[2013] EWHC 1240 (Comm)
Parties
Claimant: Golden Ocean Group Limited; First Defendant: Humpuss Intermoda Transportasi Tbk Ltd; Second Defendant: Genuine Maritime Ltd
Jurisdiction
England and Wales
Judgment Date
16 May 2013
Procedural Posture
Commercial Court Application / Application for Permission to Serve Out of Jurisdiction and Interim Anti Arbitration Injunction
Outcome
Permission to serve out of jurisdiction granted for claims against HIT and Genuine; interim anti-arbitration injunction refused.
Legal Topics
Anti Arbitration Injunctions, Jurisdiction, Estoppel, Mistake in Contract, Enforcement of Arbitral Awards
Arbitration Commercial Law Contract Law Anti Arbitration Injunctions Jurisdiction Estoppel Mistake in Contract Enforcement of Arbitral Awards

Case Brief

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Parties

Golden Ocean Group Limited

Claimant

Humpuss Intermoda Transportasi Tbk Ltd

First Defendant

Genuine Maritime Ltd

Second Defendant

Procedural Posture

Commercial Court Application / Application for Permission to Serve Out of Jurisdiction and Interim Anti Arbitration Injunction

Legal Issues

  1. 1 Whether Genuine Maritime Ltd is bound by the London arbitration award as privy to HIT
  2. 2 Whether Golden Ocean is entitled to declarations regarding the parties to the charterparty and arbitration agreement
  3. 3 Whether the Addendum is void or ineffective due to mistake or implied condition

Ratio Decidendi

Golden Ocean failed to establish a real prospect of success that Genuine is privy to and bound by the London arbitration award. There is a serious issue to be tried regarding the effectiveness of the Addendum and whether Golden Ocean is party to a Singapore arbitration agreement, but the court finds that Genuine was not party to the London arbitration and it would not be fair to bind it by the award. Permission to serve out is granted only if the court will conduct a hearing on the merits for claims against Genuine. Interim anti-arbitration injunction is not granted at this stage.

Court Disposition

Permission to serve out of jurisdiction granted for claims against HIT and Genuine; interim anti-arbitration injunction refused.

Orders

  • Permission to serve arbitration claim form out of jurisdiction on HIT and Genuine
  • No interim anti-arbitration injunction against Genuine